Solitary confinement practice defined as administrative detention under the Corrections and Conditional Release Act (Canada) (CCRA) was challenged as unconstitutional under the Canadian Charter of Rights and Freedoms. Provisions of it were struck down by the BC and Ontario Courts of Appeal and the federal government did not appeal the decisions to the Supreme Court of Canada (SCC). Instead, the federal government amended the CCRA to include a new Structured Intervention Unit provision with appropriate internal review steps. Hypothetically, the prison reform groups, lead by the BC Civil Liberties Association and the Canadian Civil Liberties Association, formed a coalition to challenge these new provisions in the courts. Hypothetically, the federal Attorney-General has sent the question to the SCC as a reference case for an advisory opinion. You are to argue the case in front of the SCC from the position of the Prison Reform Coalition, the Attorney-General of Canada on behalf of the Ministry of Public Safety and Corrections Canada, and the National Union of Prison Guards (NUPG). Provincial use of administrative detention is not before the SCC. At the conclusion of the hearing, you are to provide a decision of the SCC with reasons based in part on the arguments of the intervenors. You may include clearly identified separate personal opinions at the conclusion of your case policy brief.
The policy case study will be a minimum of 10 typed pages, double-spaced and a maximum of 20 such pages. This does not include the mandatory title page (with your name), table of contents and bibliography. Page numbers are mandatory. Students should use headings to divide paper into sections for clarity purposes. An appendix will be counted as part of the 20 pages.
Reasonable documentation is required to meet academic honesty requirements. Citations (as footnotes, inline or end notes) are required where controversial and/or breaking information is provided. You can document from all course materials and additional media sources. Secondary academic studies can be included where appropriate. Your opinions at the end of the exercise are welcome and can enhance your mark. Over citation should be avoided as this is an exam not an essay. Pro and con arguments are required.
Students will present recommendation(s) for solution(s) and reform(s) for major stakeholders, such as counsel, Corrections Canada, prison guard unions, police, prisoner support/reform groups. Students will reach reasoned conclusions on proposals for policy reform and indicate costs and benefits involved.
Use the order calculator below and get started! Contact our live support team for any assistance or inquiry.
[order_calculator]